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Thinking of buying your child their own laptop or smart phone? Read this first – a look at whether parents are liable for their...

A Georgia seventh-grader created a fake Facebook profile that defamed a classmate, according to this Wall Street Journal story. In middle school fashion (I am not looking forward to parenting through this period), a boy...more

Lawsuits Against Social Media Sites Rarely a Good Idea – This One Probably Isn’t Either

A Houston area woman has sued Facebook asking for $123 million because Facebook was slow to take down a fake a profile created by her ex-boyfriend with pornographic images. The plaintiff sued Facebook and the...more

Facebook Demands Court Order for Local Threats – Internet Privacy Always Sounds Good In Theory

This weekend The Houston Chronicle reported Facebook did not turn over information requested by local authorities in response to death threats. People have been criticizing social media companies for turning over data to...more

Facebook “Like” Is Protected First Amendment Speech

I don’t often make predictions on legal outcomes, so when I do and I get it right, it’s worth sharing. In May, we talked about whether “liking” a candidate would constitute protected speech under the First Amendment. A...more

9/24/2013  /  Facebook , First Amendment , Free Speech

Can I Use The Social Media Picture For My Story? – Part Two

Last time, we looked at whether the media can use images from social media sites applying fair use to several typical situations. Today, we look at the specific terms of service of various popular sites to see if some make...more

Taking Legal Control Of The Company Social Media Account

What happens when the employee who set up the company’s LinkedIn account leaves? ...more

Zero Tolerance Gone Too Far: When Does A Facebook Comment Cross The Line Into A Threat?

Sometimes, when you read the basics of a story, it sounds so incredulous, you think “surely, there has to be more to it.” ...more

You “Like” Me, You Really “Like” Me – Looking At The Legal Effect Of Facebook Likes And Friends

Is liking something expressive activity protected by the First Amendment? Does being a Facebook “friend” create the appearance of impropriety requiring the judge to recuse himself from the case?...more

Social Media For The CEO: Lessons Learned From The Netflix/SEC Tussle And Reg FD

Yes, you can use social media to make material public disclosures. The SEC did not punish Netflix CEO Reed Hastings. The reality is, however, the SEC gave a warning to executives: we are not going to do anything this time...more

Don’t Rail On Your “F**** Idiot” Employees On The Net

No one likes to be sued. It may make you mad enough that you want to scream and holler on the Internet. There is a reason, however, a lot of lawyers recommend not commenting on personnel issues and pending litigation....more

The Greatest Blog Post About Deceptive Advertising Ever Written*

Sometimes, I like to talk basics and this time it’s something as basic as “tell the truth.” I’ve never had a client come to me and say, “I would like to lie as much as possible in my advertising, can you help me?” It’s never...more

Firing Employees For Their Social Media Content – First, Stop And Think [Audio]

Much has been written about whether you can fire someone for what they put on Facebook. Your gut reaction may be that surely if someone talks bad about the company, you can fire them. The National Relations Labor Board...more

Will The Instagram Fuss Cause A Shift For Brands On Social Media In 2013?

By now, you have probably read the uproar caused by Instagram’s proposed change to the terms of service this week. On Monday, Instagram, which is owned by Facebook, added the following...more

Legal Guidelines For CEOs On Social Media – Avoid The Netflix Issue

In July, Netflix CEO Reed Hastings posted on Facebook that viewing on his company’s site “exceeded 1 billion hours” of videos in June. The stock rose 6.2% on the day of the post. Last week, the SEC sent Netflix notice it...more

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